Driving under the influence (DUI) is a grave offense with serious and life-changing penalties designed to lessen DUI-related cases and protect the public. If you are under investigation or have a pending DUI case in Blossom Valley, understanding the possible legal consequences, including imprisonment and fines, is vital.
Your penalties for a DUI offense could even be harsher if your case has certain aggravating factors, like being involved in an accident or having a prior DUI conviction on your record. Due to the complexity of DUI laws, hiring an experienced criminal defense attorney can help increase your chances of securing a favorable outcome.
You will rely on your attorney to investigate the case and prepare legal defenses to assist you in securing a reduced sentence or dismissal of your charge. Our credible DUI attorneys at San Diego DUI Attorney can help provide tailored legal defenses to assist you in securing a favorable outcome.
What DUI Means Under Vehicle Code (VC) 23152
Many people think of DUI as being stopped by police officers on the road for having one or two alcoholic beverages, but it is much more than that under VC 23152. VC 23152 details all scenarios that could attract DUI charges, including operating a car while intoxicated by drugs, alcohol, or a combined influence of both.
The law seeks to ensure that any person who operates an automobile while intoxicated, regardless of the substance in his/her system, is held legally responsible for endangering other people’s safety and property. According to VC 23152, it is illegal to drive:
- With any traces of alcohol in your system under Vehicle Code 23152(a)
- With a blood alcohol concentration (BAC) of 0.08 percent or above under Vehicle Code 23152(b)
- A commercial car with a blood alcohol concentration of 0.04 percent or above under Vehicle Code 23152(c)
- While intoxicated by drugs, regardless of whether they are illegal or legal under Vehicle Code 23152(d)
- With a blood alcohol concentration of 0.04 percent with a passenger for hire (rideshare, Uber, or taxi passenger) onboard under Vehicle Code 23152(e)
- While intoxicated by any drugs, including over-the-counter and prescription medication, under Vehicle Code 23152(f)
- With the combined effect or influence of alcohol and drugs under Vehicle Code 23152(g)
How a DUI Arrest Occurs in Blossom Valley
Your arrest for a DUI-related offense may occur once a police officer asks you to pull over at an accident scene or a DUI sobriety checkpoint. A DUI sobriety checkpoint is a temporary roadblock that law enforcement officers set at specific points on the road to allow them to stop vehicles and check motorists for signs of intoxication.
DUI checkpoints are essential tools that help law enforcement officers keep impaired drivers off the road and reduce drunk driving-related accidents. If an officer has a reasonable belief that you are driving while intoxicated, he/she will select your vehicle to pull over for a brief DUI investigation. Some of the reasons that could make the officer ask you to pull over for a DUI investigation include the following:
- Changing lanes improperly
- Speeding
- Broken taillights
- Making sudden stops
- Avoiding a red light
Once you pull over, the officer will try to make the investigation as brief as possible. During this period, staying calm and avoiding behaviors that could make the officer believe you are impaired is important. To determine whether you have the physical and mental ability to drive cautiously like a sober driver, the officer could ask you to step out of the vehicle and perform the following field sobriety tests (FSTs):
- One-leg stand test
- Horizontal gaze nystagmus test
- Walk-and-turn test
Failure to perform these standard FSTs correctly could give the officers a reason to believe you were under the influence. However, with the help of a skilled attorney, you could challenge this evidence when presented in court because even a sober person could fail the test due to other innocent reasons, like a medical condition, performing the test on uneven ground or in an unlit area.
Another test the officer could ask you to perform after pulling over at an accident scene or sobriety checkpoint is the preliminary alcohol screening (PAS) test. The PAS test involves blowing into a handheld gadget known as a breathalyzer to determine whether you have alcohol traces in your breath vapor. If your BAC is 0.08% or higher, the officer could arrest you as a suspect in a DUI case.
After arrival at the police station, the officer could also ask you to take a blood test to determine your BAC level. The officer will often request this test after an arrest because it is more accurate than the breathalyzer test. Under implied consent laws, you must consent to a chemical test following an arrest.
Before an officer takes your breathalyzer or blood test, he/she should ask you for consent. Also, he/she must inform you of your Miranda rights and ensure you know the possible consequences of refusing a BAC test.
When the officer violates any rule or fails to follow the required procedure when taking these tests, your attorney can challenge the evidence obtained in court to secure the best possible outcome.
Potential Penalties for a DUI Charge Conviction
The penalties you should anticipate after a DUI conviction will depend on various factors, including the number of past DUI-related offenses, whether someone sustained an injury, and other aggravating factors surrounding your unique case. Here is an overview of DUI penalties to expect for your first-time, second-time, and third-time DUI convictions:
First-Time DUi
If it is your first-time DUI, a conviction can result in the following penalties:
- A fine — The fine you will face could range between $390 and $1,000, with a possibility of penalty assessment fees, which could significantly increase the amount you will pay
- License suspension — The court will suspend your DL for six months, but it could allow you to drive after securing a restricted license and installing an ignition interlock device (IID)
- Jail time — You will face a jail time of up to six months, but with the legal assistance from your attorney, the court could grant you probation instead of jail time
- DUI education — The court could require you to enrol in a DUI school for three to nine months
Second-Time DUI
As the name suggests, the prosecution team will file a second-time DUI charge against you when you have one past DUI-related conviction on your record within the past ten years (lookback period). A conviction for a second-time DUI will attract the following penalties:
- A fine — The fine for a second-time DUI conviction will range between $390 and $1,000
- Jail time — The court could require you to serve a jail sentence of up to one year
- License suspension — The court will suspend your DL for up to two years, but you can drive after installing an IID in the car
- DUI education — The court will require you to enroll in a DUI school for eighteen to thirty months
Third-Time DUI
A third-time DUI occurs if you have two past DUI convictions on your record within the ten-year lookback period. A conviction for a third-time DUI will carry the following penalties:
- License suspension — The court will suspend your DL for up to three years, but the court can reinstate the license after installing an IID or completing a DUI program
- Jail time — The court will sentence you to up to one year in the county jail
- A fine — The fine the court will expect you to pay for this offense will not exceed $1,000
- DUI education — You must enroll in a 30-month DUI education program
A fourth-time DUI conviction within the ten-year record lookback period will attract felony charges, meaning your penalties will be harsher after conviction.
Factors That Could Aggravate Your DUI Penalties After Conviction
You will face harsher penalties after your DUI conviction, regardless of whether you are a first-time, second-time, third-time, or subsequent offender, if your case has the following aggravating factors:
- Your BAC was at 0.15% or higher — Having an excessive BAC level could attract harsher penalties after a DUI conviction, including an extended DL suspension period and additional fines
- You caused someone’s injury — If you caused an accident, leading to someone’s injury, your sentence when the prosecutor secures a guilty verdict against you for a DUI offense, will be harsher, including extensive jail time and fines
- You had a minor in your vehicle — If you had a minor under 14 in the vehicle at the specific time of the arrest, you could face enhanced penalties after a DUI conviction, including additional fines and mandatory jail time
- You refused a BAC test — As mentioned in the previous paragraph, refusing a BAC chemical test could attract an automatic suspension of your DL for up to one year because implied consent law requires you to consent to these tests following any lawful arrest
These enhanced penalties in DUI cases are vital because they help deter and discourage particularly dangerous behaviors on the highway.
An Overview of the Court Process for DUI-Related Charges in Blossom Valley
If you are under arrest or charged with a DUI-related offense in Blossom Valley, understanding how the court process works can help lessen unnecessary anxieties and prepare you for the upcoming proceedings. Here is an overview of the steps to expect:
Arrest and Booking
The criminal justice system begins with an arrest. Once the police arrest you, they will usually drive you to their police station for an administrative procedure known as booking, which involves the following:
- Fingerprint and mugshot taking
- Recording of your charges and legal names
- Confiscation of your items
- Medical screening
Arraignment Hearing
The arraignment will be your initial court appearance. Unless the court requires your presence during this hearing, your attorney can attend it. Generally, this hearing should occur within forty-eight hours following an arrest, excluding weekends and public holidays.
At this stage, the judge will inform you of the alleged charge, plea choices, constitutional rights, and bail options.
Pretrial Hearing and Motions
With the legal assistance of your criminal defense attorney, you can resolve your DUI case by challenging the prosecutor’s evidence against you using pretrial motions. For example, if the arresting officers did not inform you of your Miranda rights after the DUI arrest, your defense attorney can help challenge the validity of the evidence. That could weaken the prosecutor’s case against you, increasing your chances of securing a favorable outcome.
Trial Hearing
At the trial stage, you will know the outcome of your DUI case. Depending on the evidence presented by the prosecutor and your attorney, the judge could decide to convict you, reduce the charge, or dismiss the charge. Your attorney’s legal assistance during your case’s trial can mean the difference between a conviction and securing a favorable outcome.
Sentencing Hearing
When the prosecutor proves his/her evidence against you beyond a reasonable doubt, the court will convict you and determine your sentence immediately or schedule a sentencing hearing for a future date. Either way, you should anticipate the penalties mentioned in the previous paragraph after a DUI conviction, including jail time, license suspension, and fines.
A seasoned attorney’s legal assistance and expertise are crucial in navigating these steps and crafting the best defenses to help you secure a desirable outcome.
Common DUI-Related Offenses You Ought to Know
If you are under arrest as a suspect in a DUI case in Blossom Valley, the prosecutor could file any of the following charges, based on the facts and circumstances of your unique case:
Underage DUI
Also known as the zero-tolerance law, VC 23136 makes it unlawful for any motorist under 21 years to drive with any amount of alcohol in his/her system. If you are under 21 and the BAC you had at the time of your arrest was 0.08% or higher, you could face similar DUI charges as adults do. When your BAC is lower than the legal threshold, you will still face an infraction offense under 23136.
Generally, VC 23136 makes it unlawful to operate a car with any detectable amount of alcohol content in your system if you are under 21, even if you were not impaired. If you are a first-time offender, a VC 23136 violation conviction could attract the penalties listed below:
- A fine amounting to up to $100
- Suspension of your driver’s license for not more than one year
- Mandatory enrollment in an alcohol education program if you are at least eighteen years old
Gross Vehicular Manslaughter While Intoxicated
According to Penal Code 191.5(a) PC, you commit the offense of gross vehicular manslaughter while intoxicated when you operate an automobile while under the influence of drugs or alcohol and cause a fatal accident due to gross negligence. The prosecutor will file a PC 191.5(a) as a felony, which could attract the following possible penalties after a conviction at trial:
- Felony probation
- A fine amounting to up to $10,000
- Four, six, or ten years of jail sentence
After a PC 191.5(a) charge conviction, the Department of Motor Vehicles (DMV) could also revoke your DL for at least three years.
DUI Causing Injury
You violate VC 23153(a) when you operate a car while intoxicated and cause a collision or an accident, leading to someone’s injury. Based on the circumstances of your unique case, the prosecution team could file your charge as either a felony or misdemeanor under VC 23153(a). When the prosecutor files your offense as a misdemeanor, a conviction will carry the following possible penalties:
- A fine not exceeding $5,000
- Not more than one year of jail sentence
- Enrolment in a DUI school
- DL suspension for up to three years
- Pay reimbursement to the injured people
However, if your VC 23153(a) case is a felony, your penalties after a conviction at trial could include:
- Detention in the state prison for not more than four years
- A fine not exceeding $5,000
- Enrollment in a DUI school
- 5-year DL suspension
- A strike on your record under Penal Code 667 if someone other than yourself sustained an injury
Best Defenses That Your Attorney Could Use to Challenge a DUI Charge
Challenging a DUI-related offense at trial requires the legal assistance of an aggressive and seasoned attorney. Below are viable legal defenses your attorney could apply to help you secure the best attainable outcome:
- Your driving was not due to alcohol
- The arresting police officers administered the FSTs improperly
- The police did not follow the proper arrest process
- The BAC results were inaccurate because the breathalyzer equipment had mechanical issues
- You were not driving
With proper defense arguments and clear evidence, including eyewitness testimonies, the above legal defenses could work in your favor to secure a favorable outcome, including a lighter sentence or dismissal of the charge.
Find a Blossom Valley DUI Defense Attorney Near Me
If you face a DUI-related charge in Blossom Valley, you do not have to navigate the DUI process on your own. Our seasoned DUI attorneys at San Diego DUI Attorney can intervene and help you craft suitable defenses that could work in your favor in court to secure a desirable verdict.
Call us at 619-535-7150 to discuss the facts and details of your unique DUI case with our credible attorneys today.
